SECTION 340:40-9-2. Case changes

(a)   Change reporting. Between eligibility determinations, per Section 98.21(e)(1) of Title 45 of the Code of Federal Regulations (45 C.F.R. § 98.21(e)(1)), the household must report within 10-calendar days of the change occurring, when the household's gross income exceeds the income eligibility threshold for the family size, per Oklahoma Department of Human Services (DHS) Appendix C-4, Child Care Eligibility/Copayment Chart.

(1)   A computer-generated notice issues at certification and renewal informing the client of the current income eligibility threshold for his or her family size and instructs the client to report when the household income exceeds this amount.

(2)   When the client fails to report an income increase timely that, if reported, would have resulted in benefit closure, the worker makes an overpayment referral to Adult and Family Services Benefit Integrity and Recovery per Oklahoma Administrative Code (OAC) 340:40-15-1.

(b)   Action taken on reported changes. The worker must act on all changes reported by the household between renewal periods. Benefits do not decrease unless the client requests a decrease to avoid or reduce an overpayment or the reported change results in closure of the child care benefit per (f) of this Section.

(c)   Changes that increase subsidized child care benefits. When the client reports a change within 10-calendar days of the change that increases the amount of child care approved or decreases the family share copayment, the client and the worker jointly plan the effective date of the change. When the client does not report the change within 10-calendar days of the change, the earliest date the worker increases the subsidized child care benefits is the first day of the month in which the client reports the change.

(d)   Additional child request. When an additional child requires subsidized child care benefits, the worker completes the request within two-business days of the client providing all necessary verification to determine eligibility. When eligible, the child may be approved for subsidized child care benefits beginning with the date of request.

(e)   Change in provider. When a client reports a change in provider, the change is effective the date the change in provider occurs, regardless of whether the client reports the change timely. The worker completes provider changes within two-business days of the date the client reports the change.

(f)   Closure of subsidized child care benefits. When the client is no longer eligible for subsidized child care benefits, the closure date varies depending on circumstances. Refer to DHS Appendix B-2, Deadlines for Case Actions, for advance-notice deadline dates.

(1)   The worker closes the subsidized child care benefits effective 10-calendar days from the date action is taken, when the:

(A)   payee for the child care benefit changes. When this occurs, a new application is needed per OAC 340:40-3-1(a)(1)(C);

(B)   only child(ren) approved for subsidized child care leaves the home;

(C)   client already received income in excess of the income threshold per DHS Appendix C-4;

(D)   client moves out of state; or

(E)   client was approved for child care in error.

(2)   The worker closes the child care benefit effective the last day of the current calendar month when the client's anticipated income for the next month is expected to exceed the income eligibility threshold, per 45 C.F.R. § 98.21(e)(1) and DHS Appendix C-4.

(3)   The worker closes the child care benefit effective the last calendar day of the renewal month when:

(A)   the client does not meet a need factor;

(B)   the client is not pursuing child support or other potential income per OAC 340:40-7-9;

(C)   the child reached the maximum age limit per OAC 340:40-7-3; or

(D)   an adopted child turned 6 years of age and the family income must now be considered per OAC 340:40-7-12. In this circumstance, a new application is required per OAC 340:40-3-1(a)(1)(D).

(4)   When the client receives Temporary Assistance for Needy Families (TANF) related subsidized child care per OAC 340:40-7-8(e) and stops meeting a need factor, the worker closes the child care benefit effective 90-calendar days from the date the client stops participating.

(5)   When a client stops participating in Supplemental Nutrition Assistance Program Employment and Training activities per OAC 340:40-7-8(d) and does not meet another need factor, the worker closes the child care benefit effective 90-calendar days from the date the client stops participating.

(6)   When the client requests closure of the child care benefit, the earliest date the worker closes the child care is the date action is taken.

(7)   When the client does not complete the benefit renewal timely, the system closes the child care benefit effective the last day of the renewal month.

(g)   Reopen action. When a client's subsidized child care benefits close, benefits may be reopened within 30-calendar days of the closure effective date using current eligibility information unless the client must complete a new application per OAC 340:40-3-1(a)(1). Child care benefits are not decreased unless the renewal is due per 45 C.F.R. § 98.21(a).

[Source: Added at 17 Ok Reg 25, eff 10-1-99 (emergency); Added at 17 Ok Reg 1244, eff 6-1-00; Amended at 19 Ok Reg 195, eff 1-01-02 (emergency); Amended at 19 Ok Reg 1757, eff 6-14-02; Amended at 20 Ok Reg 2048, eff 7-1-03; Amended at 21 Ok Reg 1364, eff 9-1-04; Amended at 22 Ok Reg 1238, eff 6-1-05; Amended at 23 Ok Reg 1872, eff 7-1-06; Amended at 24 Ok Reg 1027, eff 6-1-07; Amended at 25 Ok Reg 920, eff 6-1-08; Amended at 26 Ok Reg 820, eff 6-1-09; Amended at 28 Ok Reg 831, eff 6-1-11; Amended at 32 Ok Reg 1875, eff 10-1-15; Amended at 34 Ok Reg 58, eff 10-1-16 (emergency); Amended at 34 Ok Reg 1481, eff 10-1-17; Amended at 35 Ok Reg 36, eff 10-1-17 (emergency); Amended at 35 Ok Reg 1647, eff 9-17-18; Amended at 36 Ok Reg 363, eff 3-1-19 (emergency); Amended at 37 Ok Reg 1813, eff 9-15-20]